The INS News
No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog
No Result
View All Result
The INS News
No Result
View All Result
Home News Jammu

J&K not an ‘entity fully autonomous in its functioning’: HC  

Asks GoI To Form Committee To Resolve Dispute Over Centaur Lake View Hotel

INS Desk by INS Desk
November 18, 2022
A A
HC quashes 9 PSA detention orders
Share on FacebookShare on TwitterWhatsappTelegramEmail

RELATED POSTS

15-day summer break from June 23: Govt

ACB arrests Tehsildar, his tout for demanding bribe in Kupwara

No option but to go to SC if statehood is delayed: Dr Farooq

Srinagar: Observing that Jammu and Kashmir is not an “entity fully autonomous in its functioning”, the High Court of J&K and Ladakh on Thursday asked Government of India through its Cabinet Secretary to constitute a Committee to “resolve amicably” dispute regarding termination of lease and eviction notice to Centaur Lake View Hotel Srinagar “being the issue between ‘two limbs’ of Government of India.”

Disposing of a petition filed by Hotel Corporation of India Ltd, a Corporation which carries out its functions under the aegis of Ministry of Civil Aviation, a bench of Justice Sanjeev Kumar asked the Cabinet Secretary to form the committee within four weeks.

“Indisputably, the Hotel Corporation of India Ltd. is an autonomous body/Public Sector Undertaking subject to ultimate administrative control of the Ministry of Civil Aviation, Government of India. The other party to the litigation is the Government of UT of Jammu and Kashmir which under the Constitution of India is administered by the Ministry of Home Affairs, Government of India,” the court said.

The court said that there is no dispute with regard to the fact that the leased premises was the property of the erstwhile State of J&K and the same was leased out in 1982 to the Corporation for a period of 99 years on the terms and conditions enumerated in detail in the lease agreement executed between the parties.

With the erstwhile State divided in two Union Territories through Jammu and Kashmir Reorganization Act, 2019 with effect from 31 October 2019, the court said J&K like other UT is governed directly by the President.

“From a reading of the entire Reorganization Act, it transpires that, though UT of Jammu and Kashmir has been envisaged to be a Union Territory with a State legislature having conferred legislative powers, yet the final control of the Union Territory vests in the President who exercises such control through the Lieutenant Governor of Union Territory of Jammu and Kashmir,” the court said, adding, “Without dilating much on the issue and being convinced that Union Territory of Jammu and Kashmir is not an entity fully autonomous in its functioning and also having regard to the fact that affairs of the Government of Jammu and Kashmir are monitored and controlled by the Government of India through the Ministry of Home Affairs, I, for the purposes of discussion, I am undertaking hereinafter, treat the UT of Jammu and Kashmir as part of Government of India.”

The dispute raised in this petition is, thus, the court said, a dispute between an Autonomous Body fully owned, controlled and administered by the Ministry of Civil Aviation and “the UT of Jammu and Kashmir administered by the President of India through Lieutenant Governor who is answerable to the President through the Ministry of Home Affairs, Government of India.”

While holding that the termination of lease and issuance of eviction notice by the J&K Government is the dispute between “two limbs of Government of India”, the court asked the Centre through its Cabinet Secretary to constitute a Committee comprising of Secretary Civil Aviation, Secretary Home Affairs, and Secretary, Department of Legal Affairs to adjudicate the dispute.

“Effort shall be made to resolve the dispute amicably by following as far as practicable the mechanism provided under Office Memorandum dated 31.03.2020).

“Should the Committee at its level fail to resolve the dispute between the parties for any reason whatsoever, the matter shall be referred to the Cabinet Secretary whose decision shall be final and binding on all the concerned.”

“The Committee shall be free to put on notice any Department, Officer or official of Government of India or Government of Union Territory of Jammu and Kashmir to elicit any information or record.”

The court ordered the Committee within four weeks. “The Committee shall hear all the stakeholders and finalize its decision within a period of two months,” the court said, adding, “Till a final decision on the matter is taken by the Competent Authority, there shall be status quo in respect of leased premises.”

Buy JNews
ADVERTISEMENT
Previous Post

Employees of erstwhile SRTC not entitled to pension: HC

Next Post

Rains In Plains, Snowfall Over Higher Reaches Forecast On Weekend; Major Snowfall Ruled Out Till Nov End

INS Desk

INS Desk

Related Posts

DSEJ orders summer vacation from June 01 to July 16
Regional

15-day summer break from June 23: Govt

June 21, 2025
ACB files cases against 2 Jammu cops
Regional

ACB arrests Tehsildar, his tout for demanding bribe in Kupwara

June 21, 2025
Dr Farooq says will contest J&K assembly polls
Regional

No option but to go to SC if statehood is delayed: Dr Farooq

June 21, 2025
DIG Sharma visits annual mela at Baba Bhudan Shah Ji Ziarat
Regional

DIG Sharma visits annual mela at Baba Bhudan Shah Ji Ziarat

June 21, 2025
Woman falls off ridge in Poonch, dies
Regional

PDD daily wager dies after fall from electric pole in Achabal

June 21, 2025
Heat wave: SED advises schools to avoid assemblies in afternoon
Regional

At 23.2°C, Sgr records 4th all-time highest night temp in 134 years

June 21, 2025
Next Post
Rains lash Kashmir plains; MeT forecasts more wet weather during next 24 hours in J&K

Rains In Plains, Snowfall Over Higher Reaches Forecast On Weekend; Major Snowfall Ruled Out Till Nov End

‘Small person’ Farooq Abdullah asks India, Pak to end ‘bloodshed’

Farooq Decides To Step Down As NC President, Elections To Be Completed By Dec 5

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *




Jal Shakti deptt ends adhocism, uncertainties, regularizes 1969 Engineers

4.48 cr tourists including 1.20 lakh foreigners visited J&K in past 2 years: J&K Govt

March 4, 2025
Munner Khan appointed new IGP Kashmir

Munner Khan appointed new IGP Kashmir

May 13, 2017
Residential property of LeT associate attached in Budgam: Police

Residential property of LeT associate attached in Budgam: Police

January 29, 2024

About

Indian News Service (INS) is the first registered online news portal from the state of Jammu & Kashmir. Our creative team consists of like-minded and socially concerned team of media professionals who carry decades of experience in their field of profession at their back. Our core values have pillars in honesty, empathy, credibility, equality and integrity.

More

© 2022 INS News - Designed by GITS.

No Result
View All Result
  • Home
  • News
    • Regional
    • Srinagar
    • Jammu
    • National
    • World
  • Business & Economy
  • Multimedia
    • Photo Gallery
    • Video Gallery
  • Health
  • Jobs & Careers
  • Press Releases
  • Blog

© 2022 INS News - Designed by GITS.